Sharp

The plaintiff, after alleging in his complaint that he was, at all the times therein mentioned, the owner of certain specified *330 real estate in the City and County of San Francisco, proceeds to state that on the 13th day of June, 1874, the defendant did maliciously procure one Charles L. Morris, then a non-resident of this State, and for the immediate benefit and profit of the defendant, to institute and prosecute a certain action in one of the District Courts against the plaintiff for the recovery of $51,000 and upward; that in said action defendant maliciously and without probable cause, and for his own benefit, procured to be issued by the Clerk of said Court, in said action, a writ of attachment directed to the Sheriff; that on the same day the defendant and one Carlton W. Miller filed the requisite undertaking with the Clerk, the condition of which was, that if the plaintiff herein should recover judgment against said Morris, in the action commenced by him as aforesaid, that defendant and his cosurety in said undertaking should pay to the plaintiff herein all costs and damages that he might sustain by reason of said attachment; that on the same day, the defendant herein…